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WEST v. COLE

No. GC 74-77-K.

390 F.Supp. 91 (1975)

Larry WEST, a minor by his mother, Emma West, as next friend, et al., Plaintiffs, v. Max M. COLE, Individually and as Director of the Mississippi State Department of Public Welfare, et al., Defendants.

United States District Court, N. D. Mississippi, Greenville Division.

February 19, 1975.

Attorney(s) appearing for the Case

Stanley L. Taylor, Oxford, Miss., Barry H. Powell, Jackson, Miss., for plaintiffs.

NLSP Center on Social Welfare Policy and Law, Inc., by Adele M. Blong, William Rutzick, Richard Gabriele, New York City, of counsel.

Thomas E. Childs, Asst. Atty. Gen., Jackson, Miss., for defendants.

Falton O. Mason, Jr., Asst. U. S. Atty., Oxford, Miss., Carl H. Harper, Atlanta, Ga., for HEW as amicus curiae.

MEMORANDUM OPINION

KEADY, Chief Judge.

In this class action plaintiffs seek injunctive and declaratory relief, under 42 U.S.C. § 1983, against the refusal of Mississippi state and county officials to certify for Medicaid assistance minor children currently receiving Supplemental Security Income disability payments under 42 U.S.C. § 1381 et seq. After a preliminary hearing at which the court declined to grant temporary relief, the parties waived...

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